Lute v. . Reilly
Supreme Court of North Carolina
This was a motion made at the Eall Term, 1869, of Cumberland Superior Court, to amerce the sheriff of that county for failing to execute process, and for making an insufficient return to a writ oifi. fa. against one John W. Matthews.
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This was a motion made at the Eall Term, 1869, of Cumberland Superior Court, to amerce the sheriff of that county for failing to execute process, and for making an insufficient return to a writ oifi. fa. against one John W. Matthews. It was continued until the Spring Term, 1870, when coming on to be heard before his Honor Buxton, J., it appeared that at the time when the process was placed in the hands of the sheriff, the plaintiffs paid him sixty cents, and he afterward made the following return : “ Defendant does not petition for homestead, and the plaintiffs refuse to pay homestead fees.…
1Opinion of the CourtSettle, J.
This was a motion to amerce the sheriff for failing to execute process, and for making an insufficient return.
The case states that a fi. fa. for costs,, duly issued and came into the sheriff’s hands in full time. At the time the process was placed in the sheriff’s hands, a fee of sixty cents was paid him by the plaintiffs.
The return of the sheriff is as follows, to-wit: “ Defendant does not petition for homestead, and the plaintiffs refuse to pay homestead fees. No action, the necessary fees not paid.” An officer cannot be required to execute process unless his fees be paid or tendered by the…
2Cited by3 opinions
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- Taylor v. . RhyneSupreme Court of North Carolina · 1871